Doing the right thing by Merrick Garland

Senator Carper2017-03-31 17:14:56

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Carper's Connection
March 31, 2017
Dear Friends,
Over one year ago, Merrick Garland, Chief Judge of the DC Circuit Court
of Appeals, was nominated to fill a vacancy on the Supreme Court. Judge
Garland, a consensus builder and one of the most qualified and
respected judges in the country, waited 293 days for a hearing and a
vote that ultimately never came. Some of my Republican colleagues
refused to even meet with Judge Garland. I believe that the obstruction
of Judge Garland's nomination was unprecedented and shameful. A good
man was treated badly�and so was our Constitution.
Next week, my Republican colleagues are preparing to speedily bring
Judge Neil Gorsuch's nomination to the floor for a vote to fill this
vacant Supreme Court seat�what I believe should be Judge Garland's
seat�after holding a confirmation hearing 48 days after his nomination.
I am still deeply troubled by how Judge Garland was treated. Judge
Garland still deserves a hearing, and he still deserves a vote. Late
yesterday, I spoke on the Senate floor urging my colleagues to push the
pause button on the nomination of Judge Gorsuch until we find agreement
on moving Judge Garland's nomination forward at the same time.
That belief is only bolstered by the cloud that lingers over President
Trump's campaign. As FBI Director Comey testified last week, there is
an ongoing investigation to determine the links between Russia and the
Trump campaign and whether there was any coordination between the Trump
campaign and Russia to interfere in the 2016 election. To hastily move
forward with Judge Gorsuch, who is 49-years old and could serve on the
Court well into the middle of this century, without first getting to
the bottom of the suspicious and irregular actions of Trump campaign
officials would be a mistake. The American people need to know that the
president's campaign was above reproach before we decide whether Judge
Gorsuch merits approval for a lifetime appointment.
Judge Garland waited 293 days for a hearing and a vote that never came.
Judge Gorsuch waited 48 days for a hearing and now my colleagues are
preparing to quickly consider his nomination. We have time. The
American people are watching us, and history will judge us. Let's make
sure we get this right. I hope you'll take a few minutes to watch my
floor speech here
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or read my full remarks below, urging the Senate to right this historic
wrong.
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Mr. President, I rise to lend my voice in support of perhaps one of the
most qualified individuals ever nominated to the United States Supreme
Court. I'm referring, of course, to Chief Judge Merrick Garland.
Over one year ago, on March 16, 2016, a President who was twice elected
by significant margins in both the popular vote and the Electoral
College nominated Judge Garland to fill the vacancy left by the death
of Justice Antonin Scalia. President Obama upheld his constitutional
duty by submitting a name to the Senate to fill this vacancy. And by
submitting the name of Merrick Garland, he gave the Senate a man who
has spent his career working to build consensus and find principled
compromises.
His impeccable credentials speak for themselves. Harvard undergrad�top
of his class. Harvard Law�top of his class. Law clerk to Judge Friendly
on the Second Circuit and Justice Brennan on the Supreme Court. He
served in the Justice Department after a time in private practice. And
when tragedy befell Oklahoma City in April 1995, Merrick Garland led
the investigation that brought justice to the perpetrators of that
unthinkable act of terrorism. Judge Garland called this work, 'The most
important thing I have ever done in my life.' But his career was far
from over.
In 1997, Republicans and Democrats joined together to confirm Judge
Garland to the D.C. Circuit Court of Appeals�what is often called the
'second-highest court in the land.' Here's what Senator Orrin Hatch,
former Chairman of the Senate Judiciary Committee and current President
Pro Tempore of the Senate, said of him at the time:
'Merrick B. Garland is highly qualified to sit on the D.C. Circuit. His
intelligence and his scholarship cannot be questioned� His legal
experience is equally impressive� Accordingly, I believe Mr. Garland is
a fine nominee. I know him personally, I know of his integrity, I know
of his legal ability, I know of his honesty, I know of his acumen, and
he belongs on the court.'
Over the past two decades on the DC Circuit, Judge Garland established
a reputation as a thoughtful and fair judge, a man of high integrity, a
consensus builder, and a judicial moderate. And even those who may
disagree with him tend to find themselves thinking a little harder
about their own views. During his 2005 confirmation hearing to serve as
Chief Justice, John Roberts, who served with Judge Garland on the DC
Circuit, stated: 'Any time Judge Garland disagrees, you know you're in
a difficult area.'
In 2013, Judge Garland was promoted to Chief Judge on the DC Circuit.
When President Obama nominated him to the Supreme Court over one year
ago, Judge Garland brought with him more federal judicial experience
than any nominee in the history of the United States.
When I met with Judge Garland, I got to know him beyond just his
resume. I was struck by Judge Garland's humility and personal
character. Even as a nominee for Supreme Court Justice, he continued to
serve his community as a mentor to elementary school students right
here in Washington, D.C., something he has done for the past two
decades.
Mr. President, over one year later, as I stand here today, a seat on
the Supreme Court� what should be Judge Garland's seat � remains
vacant. My Republican colleagues, in an unprecedented display of
obstruction and partisanship, denied Judge Garland a hearing and a
vote. Many of our Republican colleagues refused to meet with Judge
Garland, and he was denied both a hearing in the Judiciary Committee
and a cloture vote in the full Senate. Since the Senate Judiciary
Committee began holding public hearings on Supreme Court nominees in
1916, no Supreme Court nominee has ever been denied a hearing and a
vote.
Well, until, Judge Garland.
According to the highly-respected website SCOTUS Blog:
'The historical record does not reveal any instances since at least
1900 of the president failing to nominate and/or the Senate failing to
confirm a nominee in a presidential election year because of the
impending election.'
But Judge Garland was denied a hearing and a vote. In fact, during the
1988 presidential election year, Justice Anthony Kennedy was confirmed
97-0 by the Senate. But Judge Garland was denied a hearing and a vote.
Mr. President, our Constitution, the one that every member of this
great deliberative body has sworn an oath to uphold, requires the
United States Senate to provide its "advice and consent" to Supreme
Court nominees.
But Judge Garland was denied a hearing and a vote.
A good man was treated badly.
And so was our Constitution.
I believe the unprecedented obstruction our Republican colleagues
mounted last year against Judge Garland was a shameful chapter for the
United States Senate. Judge Garland, a consensus builder and one of the
most qualified judges in the country, waited 293 days for a hearing and
a vote that ultimately never came. I am still deeply troubled by those
293 wasted days, and I am still deeply troubled by how Judge Garland
was treated. I believe Judge Garland still deserves a hearing, and he
still deserves a vote.
While I do not believe that two wrongs make a right, I believe this may
be our only opportunity to right a wrong and erase the enormous black
mark the Senate's failure to consider Judge Garland leaves on this
chapter of American history. It is unacceptable to put partisan
politics over fidelity to our Constitution. Confirming anyone for this
vacancy other than Judge Garland would be a stamp of approval for
playing politics with Supreme Court nominees.
From where I sit, upholding my oath to protect the Constitution means
finding agreement on moving Judge Garland's nomination forward at the
same time as Judge Neil Gorsuch, President Trump's Supreme Court
nominee.
When President Trump lost the popular vote by nearly three million
votes and narrowly won the Electoral College, he promised to be a
President for all Americans.
Has he upheld that promise?
An unconstitutional Muslim ban.
An unnecessary and overpriced wall on the southern border.
A failed healthcare bill that would've provided less coverage for more
money.
A roll back of environmental protections for our air and water.
If you ask me, he has broken the promise to be president for all
Americans. And his nomination of Judge Gorsuch represents another
broken promise.
I have heard from middle class folks, from workers up and down my
state, from special education teachers, from immigrant communities,
from women who depend on access to health care. They all fear that
Judge Gorsuch is not on their side. Despite his impressive resume, I
have those same concerns.
At this time, I believe it is appropriate to hit the pause button until
an agreement can be reached that provides justice for Judge Garland,
while restoring credibility to the Senate. That belief is only
bolstered by the cloud that lingers over President Trump's campaign. As
FBI Director Comey testified last week, there is an ongoing
investigation to determine the links between Russia and the Trump
campaign and whether there was any coordination between the Trump
campaign and Russia to interfere in the 2016 election. It has also been
widely reported in the media that officials from the upper echelon of
the Trump campaign have close ties to Vladimir Putin's interests in
weakening democratic governments throughout the West.
There are many Americans who believe that Judge Gorsuch has been
nominated for a stolen Supreme Court seat. There are also a number of
Americas who believe that he has been nominated by a man whose campaign
may have coordinated with foreign adversaries on stealing a
presidential election. At the moment, no evidence has been made public
to indicate that is the case. But there are few nominations that any
president will make that will have more impact on our Constitution and
on the lives of everyday Americans than Supreme Court nominees.
To hastily move forward with Judge Gorsuch, who is 49-years old and
could serve on the Court well into the middle of this century, without
first getting to the bottom of the suspicious and irregular actions of
Trump campaign officials would be a mistake. The American people need
to know that the president's campaign was above reproach before we
decide whether Judge Gorsuch merits approval for a lifetime
appointment.
Mr. President, I will close my remarks by offering a word of caution to
my colleagues. We have maintained and preserved a 60-vote threshold for
Supreme Court nominees to prevent Democrats and Republicans from
choosing political expediency over bipartisan consensus. If Judge
Gorsuch fails to obtain 60 votes on the cloture vote next week, I would
think it could signal one of three things.
First, that Judge Gorsuch's views are outside the judicial mainstream.
Second, that we still have an opportunity to rectify the injustice done
to Judge Garland, and to our Constitution.
Or third, that we still do not know the nature of the relationship
between the Trump campaign and Russia�a country whose leadership
ordered an attack on our election and our democracy.
If Judge Gorsuch fails to achieve 60 votes on the first try or the next
try, it does not mean his nomination will not move forward at some
point in the future. It means we've hit the pause button. It may very
well be that, while we've paused, another vacancy on the Court could
emerge. Who knows when another vacancy might occur?
But if you ask me, another vacancy might present the Senate with an
opportunity to right a historic wrong. And we should see if the other
objections that have been raised about Judge Gorsuch could be addressed
before we change the rules of the Senate to favor the party in power.
Judge Garland waited 293 days for a hearing and a vote that never came.
Judge Gorsuch waited 48 days for a hearing and we may be voting on his
nomination next week. Talk about a rush to judgment.
We have time. The American people are watching us, and history will
judge us.
Let's make sure we get this right.
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March
31,
2017

Dear
Friends,

Over
one
year
ago,
Merrick
Garland,
Chief
Judge
of
the
DC
Circuit
Court
of
Appeals,
was
nominated
to
fill
a
vacancy
on
the
Supreme
Court.
Judge
Garland,
a
consensus
builder
and
one
of
the
most
qualified
and
respected
judges
in
the
country,
waited
293
days
for
a
hearing
and
a
vote
that
ultimately
never
came.
Some
of
my
Republican
colleagues
refused
to
even
meet
with
Judge
Garland.
I
believe
that
the
obstruction
of
Judge
Garland’s
nomination
was
unprecedented
and
shameful.
A
good
man
was
treated
badlyand
so
was
our
Constitution.

Next
week,
my
Republican
colleagues
are
preparing
to
speedily
bring
Judge
Neil
Gorsuch’s
nomination
to
the
floor
for
a
vote
to
fill
this
vacant
Supreme
Court
seatwhat
I
believe
should
be
Judge
Garland’s
seatafter
holding
a
confirmation
hearing
48
days
after
his
nomination.
I
am
still
deeply
troubled
by
how
Judge
Garland
was
treated.
Judge
Garland
still
deserves
a
hearing,
and
he
still
deserves
a
vote.
Late
yesterday,
I
spoke
on
the
Senate
floor
urging
my
colleagues
to
push
the
pause
button
on
the
nomination
of
Judge
Gorsuch
until
we
find
agreement
on
moving
Judge
Garland’s
nomination
forward
at
the
same
time.

That
belief
is
only
bolstered
by
the
cloud
that
lingers
over
President
Trump’s
campaign.
As
FBI
Director
Comey
testified
last
week,
there
is
an
ongoing
investigation
to
determine
the
links
between
Russia
and
the
Trump
campaign
and
whether
there
was
any
coordination
between
the
Trump
campaign
and
Russia
to
interfere
in
the
2016
election.
To
hastily
move
forward
with
Judge
Gorsuch,
who
is
49-years
old
and
could
serve
on
the
Court
well
into
the
middle
of
this
century,
without
first
getting
to
the
bottom
of
the
suspicious
and
irregular
actions
of
Trump
campaign
officials
would
be
a
mistake.
The
American
people
need
to
know
that
the
president’s
campaign
was
above
reproach
before
we
decide
whether
Judge
Gorsuch
merits
approval
for
a
lifetime
appointment.

Judge
Garland
waited
293
days
for
a
hearing
and
a
vote
that
never
came.
Judge
Gorsuch
waited
48
days
for
a
hearing
and
now
my
colleagues
are
preparing
to
quickly
consider
his
nomination.
We
have
time.
The
American
people
are
watching
us,
and
history
will
judge
us.
Let’s
make
sure
we
get
this
right.
I
hope
you’ll
take
a
few
minutes
to
,
or
read
my
full
remarks
below,
urging
the
Senate
to
right
this
historic
wrong.

Mr.
President,
I
rise
to
lend
my
voice
in
support
of
perhaps
one
of
the
most
qualified
individuals
ever
nominated
to
the
United
States
Supreme
Court.
I’m
referring,
of
course,
to
Chief
Judge
Merrick
Garland.

Over
one
year
ago,
on
March
16,
2016,
a
President
who
was
twice
elected
by
significant
margins
in
both
the
popular
vote
and
the
Electoral
College
nominated
Judge
Garland
to
fill
the
vacancy
left
by
the
death
of
Justice
Antonin
Scalia.
President
Obama
upheld
his
constitutional
duty
by
submitting
a
name
to
the
Senate
to
fill
this
vacancy.
And
by
submitting
the
name
of
Merrick
Garland,
he
gave
the
Senate
a
man
who
has
spent
his
career
working
to
build
consensus
and
find
principled
compromises.

His
impeccable
credentials
speak
for
themselves.
Harvard
undergradtop
of
his
class.
Harvard
Lawtop
of
his
class.
Law
clerk
to
Judge
Friendly
on
the
Second
Circuit
and
Justice
Brennan
on
the
Supreme
Court.
He
served
in
the
Justice
Department
after
a
time
in
private
practice.
And
when
tragedy
befell
Oklahoma
City
in
April
1995,
Merrick
Garland
led
the
investigation
that
brought
justice
to
the
perpetrators
of
that
unthinkable
act
of
terrorism.
Judge
Garland
called
this
work,
‘The
most
important
thing
I
have
ever
done
in
my
life.’
But
his
career
was
far
from
over.

In
1997,
Republicans
and
Democrats
joined
together
to
confirm
Judge
Garland
to
the
D.C.
Circuit
Court
of
Appealswhat
is
often
called
the
‘second-highest
court
in
the
land.’
Here’s
what
Senator
Orrin
Hatch,
former
Chairman
of
the
Senate
Judiciary
Committee
and
current
President
Pro
Tempore
of
the
Senate,
said
of
him
at
the
time:

‘Merrick
B.
Garland
is
highly
qualified
to
sit
on
the
D.C.
Circuit.
His
intelligence
and
his
scholarship
cannot
be
questioned
His
legal
experience
is
equally
impressive
Accordingly,
I
believe
Mr.
Garland
is
a
fine
nominee.
I
know
him
personally,
I
know
of
his
integrity,
I
know
of
his
legal
ability,
I
know
of
his
honesty,
I
know
of
his
acumen,
and
he
belongs
on
the
court.’

Over
the
past
two
decades
on
the
DC
Circuit,
Judge
Garland
established
a
reputation
as
a
thoughtful
and
fair
judge,
a
man
of
high
integrity,
a
consensus
builder,
and
a
judicial
moderate.
And
even
those
who
may
disagree
with
him
tend
to
find
themselves
thinking
a
little
harder
about
their
own
views.
During
his
2005
confirmation
hearing
to
serve
as
Chief
Justice,
John
Roberts,
who
served
with
Judge
Garland
on
the
DC
Circuit,
stated:
‘Any
time
Judge
Garland
disagrees,
you
know
you’re
in
a
difficult
area.’

In
2013,
Judge
Garland
was
promoted
to
Chief
Judge
on
the
DC
Circuit.
When
President
Obama
nominated
him
to
the
Supreme
Court
over
one
year
ago,
Judge
Garland
brought
with
him
more
federal
judicial
experience
than
any
nominee
in
the
history
of
the
United
States.

When
I
met
with
Judge
Garland,
I
got
to
know
him
beyond
just
his
resume.
I
was
struck
by
Judge
Garland’s
humility
and
personal
character.
Even
as
a
nominee
for
Supreme
Court
Justice,
he
continued
to
serve
his
community
as
a
mentor
to
elementary
school
students
right
here
in
Washington,
D.C.,
something
he
has
done
for
the
past
two
decades.

Mr.
President,
over
one
year
later,
as
I
stand
here
today,
a
seat
on
the
Supreme
Court
what
should
be
Judge
Garland’s
seat

remains
vacant.
My
Republican
colleagues,
in
an
unprecedented
display
of
obstruction
and
partisanship,
denied
Judge
Garland
a
hearing
and
a
vote.
Many
of
our
Republican
colleagues
refused
to
meet
with
Judge
Garland,
and
he
was
denied
both
a
hearing
in
the
Judiciary
Committee
and
a
cloture
vote
in
the
full
Senate.
Since
the
Senate
Judiciary
Committee
began
holding
public
hearings
on
Supreme
Court
nominees
in
1916,
no
Supreme
Court
nominee
has
ever
been
denied
a
hearing
and
a
vote.

Well,
until,
Judge
Garland.

According
to
the
highly-respected
website
SCOTUS
Blog:

‘The
historical
record
does
not
reveal
any
instances
since
at
least
1900
of
the
president
failing
to
nominate
and/or
the
Senate
failing
to
confirm
a
nominee
in
a
presidential
election
year
because
of
the
impending
election.’

But
Judge
Garland
was
denied
a
hearing
and
a
vote.
In
fact,
during
the
1988
presidential
election
year,
Justice
Anthony
Kennedy
was
confirmed
97-0
by
the
Senate.
But
Judge
Garland
was
denied
a
hearing
and
a
vote.

Mr.
President,
our
Constitution,
the
one
that
every
member
of
this
great
deliberative
body
has
sworn
an
oath
to
uphold,
requires
the
United
States
Senate
to
provide
its
“advice
and
consent”
to
Supreme
Court
nominees.

But
Judge
Garland
was
denied
a
hearing
and
a
vote.

A
good
man
was
treated
badly.

And
so
was
our
Constitution.

I
believe
the
unprecedented
obstruction
our
Republican
colleagues
mounted
last
year
against
Judge
Garland
was
a
shameful
chapter
for
the
United
States
Senate.
Judge
Garland,
a
consensus
builder
and
one
of
the
most
qualified
judges
in
the
country,
waited
293
days
for
a
hearing
and
a
vote
that
ultimately
never
came.
I
am
still
deeply
troubled
by
those
293
wasted
days,
and
I
am
still
deeply
troubled
by
how
Judge
Garland
was
treated.
I
believe
Judge
Garland
still
deserves
a
hearing,
and
he
still
deserves
a
vote.

While
I
do
not
believe
that
two
wrongs
make
a
right,
I
believe
this
may
be
our
only
opportunity
to
right
a
wrong
and
erase
the
enormous
black
mark
the
Senate’s
failure
to
consider
Judge
Garland
leaves
on
this
chapter
of
American
history.
It
is
unacceptable
to
put
partisan
politics
over
fidelity
to
our
Constitution.
Confirming
anyone
for
this
vacancy
other
than
Judge
Garland
would
be
a
stamp
of
approval
for
playing
politics
with
Supreme
Court
nominees.

From
where
I
sit,
upholding
my
oath
to
protect
the
Constitution
means
finding
agreement
on
moving
Judge
Garland’s
nomination
forward
at
the
same
time
as
Judge
Neil
Gorsuch,
President
Trump’s
Supreme
Court
nominee.

When
President
Trump
lost
the
popular
vote
by
nearly
three
million
votes
and
narrowly
won
the
Electoral
College,
he
promised
to
be
a
President
for
all
Americans.

Has
he
upheld
that
promise?

An
unconstitutional
Muslim
ban.

An
unnecessary
and
overpriced
wall
on
the
southern
border.

A
failed
healthcare
bill
that
would’ve
provided
less
coverage
for
more
money.

A
roll
back
of
environmental
protections
for
our
air
and
water.

If
you
ask
me,
he
has
broken
the
promise
to
be
president
for
all
Americans.
And
his
nomination
of
Judge
Gorsuch
represents
another
broken
promise.

I
have
heard
from
middle
class
folks,
from
workers
up
and
down
my
state,
from
special
education
teachers,
from
immigrant
communities,
from
women
who
depend
on
access
to
health
care.
They
all
fear
that
Judge
Gorsuch
is
not
on
their
side.
Despite
his
impressive
resume,
I
have
those
same
concerns.

At
this
time,
I
believe
it
is
appropriate
to
hit
the
pause
button
until
an
agreement
can
be
reached
that
provides
justice
for
Judge
Garland,
while
restoring
credibility
to
the
Senate.
That
belief
is
only
bolstered
by
the
cloud
that
lingers
over
President
Trump’s
campaign.
As
FBI
Director
Comey
testified
last
week,
there
is
an
ongoing
investigation
to
determine
the
links
between
Russia
and
the
Trump
campaign
and
whether
there
was
any
coordination
between
the
Trump
campaign
and
Russia
to
interfere
in
the
2016
election.
It
has
also
been
widely
reported
in
the
media
that
officials
from
the
upper
echelon
of
the
Trump
campaign
have
close
ties
to
Vladimir
Putin’s
interests
in
weakening
democratic
governments
throughout
the
West.

There
are
many
Americans
who
believe
that
Judge
Gorsuch
has
been
nominated
for
a
stolen
Supreme
Court
seat.
There
are
also
a
number
of
Americas
who
believe
that
he
has
been
nominated
by
a
man
whose
campaign
may
have
coordinated
with
foreign
adversaries
on
stealing
a
presidential
election.
At
the
moment,
no
evidence
has
been
made
public
to
indicate
that
is
the
case.
But
there
are
few
nominations
that
any
president
will
make
that
will
have
more
impact
on
our
Constitution
and
on
the
lives
of
everyday
Americans
than
Supreme
Court
nominees.

To
hastily
move
forward
with
Judge
Gorsuch,
who
is
49-years
old
and
could
serve
on
the
Court
well
into
the
middle
of
this
century,
without
first
getting
to
the
bottom
of
the
suspicious
and
irregular
actions
of
Trump
campaign
officials
would
be
a
mistake.
The
American
people
need
to
know
that
the
president’s
campaign
was
above
reproach
before
we
decide
whether
Judge
Gorsuch
merits
approval
for
a
lifetime
appointment.

Mr.
President,
I
will
close
my
remarks
by
offering
a
word
of
caution
to
my
colleagues.
We
have
maintained
and
preserved
a
60-vote
threshold
for
Supreme
Court
nominees
to
prevent
Democrats
and
Republicans
from
choosing
political
expediency
over
bipartisan
consensus.
If
Judge
Gorsuch
fails
to
obtain
60
votes
on
the
cloture
vote
next
week,
I
would
think
it
could
signal
one
of
three
things.

First,
that
Judge
Gorsuch’s
views
are
outside
the
judicial
mainstream.

Second,
that
we
still
have
an
opportunity
to
rectify
the
injustice
done
to
Judge
Garland,
and
to
our
Constitution.

Or
third,
that
we
still
do
not
know
the
nature
of
the
relationship
between
the
Trump
campaign
and
Russiaa
country
whose
leadership
ordered
an
attack
on
our
election
and
our
democracy.

If
Judge
Gorsuch
fails
to
achieve
60
votes
on
the
first
try
or
the
next
try,
it
does
not
mean
his
nomination
will
not
move
forward
at
some
point
in
the
future.
It
means
we’ve
hit
the
pause
button.
It
may
very
well
be
that,
while
we’ve
paused,
another
vacancy
on
the
Court
could
emerge.
Who
knows
when
another
vacancy
might
occur?

But
if
you
ask
me,
another
vacancy
might
present
the
Senate
with
an
opportunity
to
right
a
historic
wrong.
And
we
should
see
if
the
other
objections
that
have
been
raised
about
Judge
Gorsuch
could
be
addressed
before
we
change
the
rules
of
the
Senate
to
favor
the
party
in
power.

Judge
Garland
waited
293
days
for
a
hearing
and
a
vote
that
never
came.
Judge
Gorsuch
waited
48
days
for
a
hearing
and
we
may
be
voting
on
his
nomination
next
week.
Talk
about
a
rush
to
judgment.

We
have
time.
The
American
people
are
watching
us,
and
history
will
judge
us.